The High Court in Kiambu has rejected a petition to invalidate the list of nominees for the IEBC commissioners’ selection panel.
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Justice Dora Chepkwony ruled that the nine individuals nominated to the panel demonstrate a deliberate effort to ensure regional diversity. She stated that the petitioner, Boniface Njogu’s claim that four of the nominees were from two ethnic groups was not sufficient to annul the process, particularly as there was no solid evidence that a broader representation was achievable but ignored.
Njogu had argued that the list lacked regional balance, citing the dominance of nominees from one ethnic group, and claimed it failed to include Persons with Disabilities (PWDs).
In response, the Attorney General and the Senate Clerk opposed the petition, arguing that achieving perfect regional or ethnic balance in IEBC nominations is impractical. They added that Njogu had not provided enough proof to back up his claims of exclusion.
The judge concluded that there was insufficient evidence to justify overturning the panel’s list. Regarding the transparency of Azimio’s nomination process, Justice Chepkwony noted that Njogu’s arguments lacked strong evidence. She emphasized that the court could not invalidate Azimio’s nomination based solely on speculation.
Njogu had alleged that Azimio’s nomination of Dr. Amb Koki Muli was done without adhering to the transparency and competitiveness requirements of the IEBC Act.
The other nominees for the panel are Dr. Nelson Makanda, Fatuma Saman, Evans Misati, Nicodemus Bore, Andrew Tanui, Caroline Kituku, Adams Oloo, and Linda Koome.
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